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Statute of Limitations for Professional Negligence

I have been diagnosed with a long-term injury from an incident which occurred a year ago. What is the statute of limitations for professional negligence?

The statute of limitations for professional negligence provides the claimant with three years in which to make a claim, although the start date may differ depending upon the nature of the accident and injury. Before making a claim for professional negligence injury, it must be established that you suffered your accident and injury on account of the action — or inaction — of a professional who owed you a duty of care. Initiating a claim for professional negligence injury may then be possible if you sustained an injury which would not have occurred at the hands of a competent professional. In order to determine your eligibility to claim compensation for professional negligence, you are advised to consult a personal injury solicitor at the earliest opportunity.

The statute of limitations for professional negligence will depend on the nature of your accident and injury. The time limit for initiating a claim for professional negligence injury is generally three years from the date of knowledge of the injury, which in many cases is the date on which the injury was sustained. However there are some scenarios in which an injury is not immediately apparent if — for instance — you developed an illness because of third party negligence or suffered an injury from medical negligence that was not immediately clear — in which case the time limit for a professional negligence claim will be three years from the date of diagnosis. In order to determine your entitlement to claim compensation for professional negligence, you are advised to consult a personal injury solicitor at the earliest opportunity.

The statute of limitations for professional negligence may differ in some scenarios. For instance, if a child was injured as a result of carelessness they may have until their twenty-first birthday in which to pursue compensation for professional negligence. This is because a legal minor cannot initiate a claim or instruct a solicitor to do so on their behalf, and must be represented by a “litigation friend” for initiating a claim for professional negligence injury. The child can then initiate their own claim upon their eighteenth birthday, from which the three year time limit for a professional negligence claim applies.

The three year time limit for seeking compensation for professional negligence may also be delayed if a victim has been mentally incapacitated by an accident. The time limit for a professional negligence claim will be initiated when the individual has regained their mental capacity. In cases where the victim does not regain their mental capacity, the time limit may not apply and a “litigation friend” has any time for initiating a claim for professional negligence injury. If you have any further questions on the statute of limitations for professional negligence or on making a personal injury claim, you are advised to consult a personal injury solicitor at the earliest opportunity.